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the operations of Tenant and Tenant's use and enjoyment of the Premises (including any temporary
<br />location contemplated herein) throughout the Redevelopment process.
<br />e. In the event that Tenant's Equipment and improvements must be temporarily relocated, Tenant
<br />shall further have the right to place a temporary communications facility, such as a cell on wheels, on the
<br />Property in a location sufficient to meet Tenant's coverage and/or engineering needs and as reasonably
<br />agreed upon by the Parties. Rent shall abate during any period(s) in which Tenant is unable to utilize a
<br />suitable temporary location on the Property and/or Structure during the Redevelopment process.
<br />f. Notwithstanding the foregoing, if at any point during the Redevelopment process Tenant determines,
<br />in its sole and absolute discretion, that there are no temporary and/or permanent locations on the
<br />Structure or Property that are sufficient to meet Tenant's coverage and/or engineering needs, then
<br />Tenant shall have the right to terminate this Agreement by giving written notice of Tenant's intent to
<br />terminate this Agreement as of the termination date designated in Tenant's notice letter.
<br />9. Limitation of Liability and Indemnification.
<br />9.1 Limitation of Liability. EXCEPT FORTENANT'S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW
<br />IN THIS SECTION 9, NEITHER PARTY NOR ANY OF ITS AGENTS, CONTRACTORS OR EMPLOYEES, SHALL BE LIABLE TO
<br />THE OTHER PARTY OR ANY PERSON CLAIMING THROUGH THAT PARTY FOR ANY EXEMPLARY, SPECIAL, INCIDENTAL
<br />OR CONSEQUENTIAL DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING CLAIMS CAUSED BY OR RESULTING
<br />FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THAT PARTY, ITS AGENTS, CONTRACTORS OR EMPLOYEES.
<br />9.2 Tenant's Indemnity. Except to the extent caused by the breach of this Agreement by Landlord or
<br />the acts or omissions of Landlord, its officers, agents, employees, contractors, or any other person or entity for
<br />whom Landlord is legally responsible, Tenant shall defend, indemnify and hold Landlord and its officers, directors,
<br />shareholders, employees, agents, insurers, and representatives ("Landlord's Representatives") harmless from
<br />and against any and all claims, demands, litigation, settlements, judgments, damages, liabilities, costs and
<br />expenses (including, without limitation, reasonable attorneys' and expert witness fees) (individually or
<br />collectively, a "Claim") but only to the extent caused by (i) the negligence or willful misconduct of Tenant, its
<br />officers, agents, employees, contractors, or any other person or entity for whom Tenant is legally responsible
<br />("Tenant's Representatives"); or (ii) a breach of any representation, warranty or covenant of Tenant contained or
<br />incorporated in this Agreement. Tenant's obligations under this Section 9.2 shall survive the expiration or earlier
<br />termination of this Agreement for four (4) years.
<br />9.3 Indemnification Procedure. Landlord shall promptly send Notice to Tenant of the claim or suit for
<br />which indemnification is sought. Landlord shall not make any admission as to liability or agree to any settlement
<br />of or compromise any claim without the prior written consent of the Tenant. The Landlord shall, at the Tenant's
<br />'s request and expense, give the Tenant all reasonable assistance in connection with those negotiations and
<br />litigation.
<br />9.4 Governmental Immunity. The Parties hereto understand and agree that Landlord is relying on,
<br />and does not waive or intend to waive by and provision of this Agreement, the monetary limitations or any other
<br />rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et. seq., 10
<br />C.R.S., as from time to time amended, or otherwise available to Landlord, its agents, or its employees.
<br />10.Insurance.
<br />10.1 Landlord Obligations. Throughout the Term, Landlord shall maintain, at Landlord's sole cost and
<br />expense, the following insurance coverage Commercial General Liability of not less than $1,000,000 per
<br />Site Number: DNDEN00260D 8 Confidential & Proprietary
<br />Market: Denver + Option Version: 1.0
<br />CCi'C
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